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Home My WebLink AboutPD 00-11; Western Devcon, Inc.; 2002-0111164; EasementRECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 MAIL TAX STATEMENTS TO: % EXEMPT 0 Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) FEES: 0.00 E: til4 Space above this line for Recorder's use. The undersigned grantor@) declare(s): Documentary transfer tax is $- ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and ( ) Unincorporated area: (x) City of Carlsbad , and encumbrances remaining at time of sale. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. ' Assessor's Parcel No.: 212-070-13-00 Project No. & Name: PD 00-1 1 Balfour Court PR 01-26 CARLSBAD MUNICIPAL WATER DISTRICT &&%%&XAeputy City Engineer GRANT DEED OF WATER LINE EASEMENT Western Devcon, Inc., a California Corporation does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 191 1, and a Subsidiary District of the City of Carlsbad, its successors and assigns, an easement. Purpose: the easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, whether above or below the surface of the ground. Said facility may include pipelines, pumping facilities, structures designed to control the flow of water and all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from natural and other forms of damage including, but not limited to, erosion control facilities, fences, gates, doors, locking devices, alarms, lights, and all other protective facilities and devices. The use shall also include a means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and Eng\WOrd\MaSierS\Forms\Grant Deed of Water Line Easement I 08/17/98 Re". reconstructing said facility. The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein without the express written approval of the Grantee. LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A and Exhibit "B" attached hereto and by this reference made a part hereof. Executed by the Grantor this 9 day of Adz 20 0 1 . GRANTOR: ~ESTERA '~~EVCO~J, 1 ~JC ., By: (sign here) Jbhn 6 Lbs. Seo * Tieaq . (print nhe and title of signatory) (sign here) By: (title of signatory) (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal (President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the empowering that officer to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) APPROVED AS TO FORM: RONALD R. BALL, GENERAL COUNSEL By: &%%d&. Id. M&i- Deputy General Counsel Ene\Word\Maste,s\Forms\Grant Deed of Water Line Easement 08/17/98 Rev. 2 RIGHT THUMBPRINT IOpthndI 6 3 State of County of scu7 Oium On .hd; 9, x01 before me, %lfk%db ,wuq f!! personally appeared m lp hd &' . c DATE! INAMETrlTLE OF OFRCER.i.e.'JANE dOE. N0TARYdJBLIC.I INAMEISI OF SlGNERlSll pd personally known to me -OR- 0 roved to me on the &asis of satisfactory evidence to be the person(s) whose name(s) dare subscribed to the acknowledged to me that within instrument and he/she/they executed the same in his/her/their authorized capacity(ies!, and that by hislherlthekr signaturek) on the instrumentthe person(s1, or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. ISEALI ISIGNATURE OF NOTARY1 ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and iS alSO Optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. m1s CERTIFICAE Tnb or TVW 01 barn MUST BE ATTACHED TO THE DOCUMENT Number 01 Paws - DESU(1BED AT RIGHT Dee of Dmumnt S~nerl.1 Other Than Named Abovo -LCOTTS FORM 61240 nw. 3.04 lotin c1-s 84A1 'la94 WOLCOTTS FORMS. INC. NL PURPOSE ACKNOWEDGMENT W~TH SIGNER CAPACITIIREPRES€NTATION~O FINGERPRINTS * CAPACITY CLAIMED BY SIONERIS) OINDIVIOUALISI OCORPORATE - OFFlCERlSl lTlTLfSl OPARTNERISI OLlMlTED OGENERAL OATTORNEY IN FACT OTRUSTEEIS) OGUARDIANICONSERVATOR OOTHER: SIGNER IS REPRESENTINO: (Name of Por.onl.1 or Entitvlio.1 RIGHT THUMBPRINT IOptinall CAPACITY CLAIMED BY SIONERISI OINDNIOUALISI OCORPORATE OFFlCERlSl mnfs, OPARTNERISI OLlMlTED OATTORNEY IN FACT OTRUSTEEIS) OGUARDIANICONSERVATOR OOTHER: OGENERAL personally appeared .Inhn G. ThQ- INAMEISI OF SlGNERlSll II $personally known to me -OR- 0 roved to me on the evidence to be the gasis of satisfactory person(s) whqse name(s) dare subscrlbed to the acknowledged to me that within instrument and he/she/they executed the same in hislherltheir authorized capacity(ies!, and that by his/her/thelr signatureb) on the instrumentthe person(s1, or the entity upon behalf of which the person(s1 acted, executed the instrument. NOTARY PUBLIC-CALIFORNIA Witness my hand and official seal. ISEALI RIGHT THUMBPRINT IOpUon.ll CAPACITY CLAIMED BY SlGNERlSl OINOIVIDUALISI OCORPORATE - OFFICERISI OPARTNERISI OLlMlTED mnm OATTORNEY IN FACT OTRUSTEEISI OOMER: OGUAROlANlCONSERVATOR OGENERAL SIONER IS REPRESENTING: INamo 01 Porsonl.1 or EntRyIiolI RIGHT THUMBPRINT IOptionall CAPACITY CLAIMED BY SIQNERISI OlNOlVlOUALISl OCORPORATE OFFICERISI ,TlTYOl OPARTNERISI OLlMlTED OGENERAL OATTORNEY IN FACT OTRUSTEEISI OGUAROlANlCONSERVATOR OOMER: ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to anv unauthorized document. MIS CERTIFICATE Tnb or TVPS of Documsrn MUST BE ATTACHE0 TO THE DOWMENT Numbsrot Pwa. __ DESCRIBE0 AT RIGHT orno of Documont s~narls) Omsr man Nad Abow ~ SIGNER IS REPRESENTING: (Name 01 Penonlsl or Ent*vlbsl EXHIBIT "A" LEGAL DESCRIPTION PR 01-26 ALL BEING STRIPS, OF VARIOUS WIDTH NOTED HEREON, LYING WITHIN LOT 31, OF CARLSBAD TRACT NO. 81-10, UNIT NO. 2-A, IN THE CITY OF CARLSBAD. COUNTY OF SAN THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 31, 1985. THE DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 11 134FILED IN THE OFFICE OF CENTERLINES OF SAtD STRIPS ARE MORE PARTICULARLY DESCRIBED AS FOLLOWS: \ STRIP "A" " - 20.00 FOOT WIDE STRIP: COMMENCING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 31; THENCE SOUTH 89'36'57" WEST COINCIDENT WITH THE NORTH LINE OF SAID LOT 31 A DISTANCE OF 8.16 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH OO"2303' WEST, NORMAL TO THE PREVIOUS COURSE, A DISTANCE OF 105.50 FEET; THENCE NORTH 89"3657' EAST, NORMAL TO THE PREVIOUS COURSE, A DISTANCE OF 49.57 FEET TO A LINE PARALLEL WITH AND SOUTHWESTERLY 36.50 FEET TO THE EASTERLY LINE OF SAID LOT 31; THENCE SOUTH lO"18'39" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 58.40 FEET TO POINT "B"; THENCE CONTINUING SOUTH lO"1839" EAST A DISTANCE OF 43.16 FEET TO P0lNT"C"; THENCE CONTINUING SOUTH IO"1839" EASTA DISTANCE OF 90.06 FEET; THENCE SOUTH 83'0613" WEST A DISTANCE OF 175.08 FEETTO POINT "D"; THENCE CONTINUING SOUTH 83"0613" WEST A DISTANCE OF 93.00 FEET TO POINT "E"; THENCE CONTINUING SOUTH 83'06'13" WEST A DISTANCE OF 9.37 FEET, TO A LINE PARALLEL WITH AND 40.50 FEET NORTHEASTERLY TO THE WESTERLY LINE OF SAID LOT 31 ; THENCE NORTH lO"1839" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 234.26 FEET TO POINT "F"; THENCE CONTINUING NORTH lO"1839" WEST A DISTANCE OF 30.34 FEET; THENCE NORTH O"2303" WEST A DISTANCE OF 28.58 FEET TO A LINE PARALLEL WITH AND 36.50 FEET SOUTHERLY TO THE NORTHERLY LINE OF SAID LOT 31; THENCE NORTH 89"3657" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 193.67 FEET: THENCE NORTH OO"2303" FEET A DISTANCE OF 36.50 FEET TO A POINT ON SAID NORTH OF SAID 20.00 FOOT WIDE STRIP. LINE BEING 45.00 FEET FROM THE POINT OF BEGINNING; ALSO BEING THE TERMINUS EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE ROADWAY DESIGNATED AS "BALFOUR COURT" ON SAID TRACT MAP. Page I of 2 STRIP “B” ” - 8.00 FOOT WIDE STRIP: BEGINNING AT PREVIOUSLY DESIGNATED POINT “B”; THENCE NORTH 79”41’21” EAST A DISTANCE OF 22.00 FEET; EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN STRIP “A‘ STRIP “C” ” - 10.00 FOOT WIDE STRIP: BEGINNING AT PREVIOUSLY DESIGNATED P0lNT“C”; THENCE SOUTH 79”41’21‘ WEST A DISTANCE OF 21 .OO FEET; EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN STRIP ‘A” STRIP “D” ” - 10.00 FOOT WIDE STRIP: BEGINNING AT PREVIOUSLY DESIGNATED POINT “D”; THENCE SOUTH 0653’47“ WEST A DISTANCE OF 22.00 FEET; EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN STRIP “A” STRIP “E” - 10.00 FOOT WIDE STRIP: BEGINNING AT PREVIOUSLY DESIGNATED POINT “E”; THENCE SOUTH 063347” EAST A DISTANCE OF 22.00 FEET; EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN STRIP “A” STRIP “F” ” - 10.00 FOOT WIDE STRIP: BEGINNING AT PREVIOUSLY DESIGNATED POINT “F”; THENCE NORTH 79”41’21“ EAST A DISTANCE OF 19.29 FEET EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN STRIP ”A“ ABOVE DESCRIBED STRIPS CONTAIN 0.540 ACRES 5937.NTS.DOC Page 2 of 2 \ \STRIP \ -Ag \ \ \ STRIP 'F' \ PNr. 7" CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated Julv 9, 2001, from Western Devcon, Inc, to the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, is hereby accepted by the Board of Directors of the Carlsbad Municipal Water District, California, pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: __ ' -Jy-ost